One of the most common charges we see as criminal defense attorneys is the crime of operating a vehicle while intoxicated. This many times comes with the charges of Operating a vehicle with a BAC of .08 to .14 or Operating a vehicle with a BAC of .15 or more. But, where do those BAC results come from? In Indiana the primary source is a breath test machine. In today’s blog we take a closer…
A quick look at the Supreme Court’s recent ruling in State of Indiana v. David Brown on whether Miranda warnings apply to DUI checkpoints. On March 2, 2017, the Indiana Supreme Court determined, as a matter other f first impression, that Miranda warnings are not required when a driver was detained at a sobriety checkpoint. This case stemmed from a 2013 incident where the Indianapolis Metropolitan Police Department established a checkpoint to apprehend and deter…
Refusing a Chemical Test During a DUI Investigation: The Supreme Court’s Recent Ruling: A look at the Supreme Court’s most recent ruling on what counts as “refusing” a chemical test. If you ever find yourself in a position where a police officer suspects that you are intoxicated and is asking if you will submit to a chemical test, your actions are just as important, if not more, than your words when it comes to determining…
Arrests for drunk driving (AKA operating a vehicle while intoxicated or driving under influence) is one of the most common arrests in Indiana. According to the most recent statistics from MADD, Indiana had over 14,000 drunk driving arrests in 2014. In order to combat drunk driving, police actively patrol for drunk drivers every day. Once a police officer has stopped a suspected drunk driver they will do a number of field sobriety tests to determine…
Although not commonly used throughout the state, there is a law which creates an avenue for somebody to have their OVWI/DUI case dismissed. The process is called conditional deferral, commonly called a Title 12 deferral and is allowed under Indiana Code 12-23-5. According to this law, if somebody is charged with a crime under IC 9-30-5 (generally, operating a vehicle while intoxicated or operating a vehicle with a BAC above .08), as long as it’s…
A Look at the DUI Basics There are literally thousands and thousands of DUI arrests across the country every year. It can be one of the most dangerous crimes as well as over 10,000 people are killed in an accident involving drunk driving each year. In today’s blog we take a look at the basics of a DUI or drunk driving arrest in Indiana. The BAC Charge This is the number that is most promoted…
A Quick Look at the Consequences of Refusing a Chemical Test in Indiana: A substantial number of our clients who have been charged with a DUI tell us that after they were pulled over, they refused the tests the officer asked them to do because once upon a time that’s what they heard or were told you’re supposed to do. The theory is that if there is no test, then it will be difficult or…
Indiana Administrative Code 260 IAC 2-1 – Breath Test Operators & Instruments Everyone on earth, it seems, has heard of a “breathalyzer” test in every single run of the mill Driving Under the Influence (hereafter “DUI”) and/or Operating a Vehicle While Intoxicated (hereinafter “OVWI”) case. But, did you know there is an entire administrative code section drafted by the Indiana legislature to address how breathalyzers are to be certified, who can administer them, and how…